HomeMy WebLinkAboutZTA200900001 Legacy Document 2009-11-09COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Wind Turbines — ZTA2009 -001
SUBJECT /PROPOSAL /REQUEST:
Public Hearing to provide
recommendation to Board of Supervisors
on zoning text amendment with respect to
wind turbines
STAFF CONTACT(S):
Mark Graham, Amelia McCulley, Bill Fritz
AGENDA DATE:
November 17, 2009
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In February 2008, the County Board of Supervisors (Board) reviewed Community Development's
annual work program and directed staff to include consideration of an amendment to the Zoning
Ordinance that would allow wind turbines. In May 2008, staff presented the Planning Commission
an overview of the subject to solicit direction. This was followed by four additional worksessions,
including a combined Board /Planning Commission worksession in May 2009. Following that May
2009 worksession, a Board member, David Slutzky, and two Planning Commission members,
Marcia Joseph and Bill Edgerton, agreed to help staff prepare a draft concept. On October 6, 2009,
the Planning Commission reviewed this draft concept, approved a resolution of intent to amend the
Zoning Ordinance in support of this concept, and directed staff to proceed to public hearing.
(Attachment A)
Staff has prepared an ordinance amendment for public hearing that reflects the reviewed concept.
(Attachment B) The purpose of tonight's meeting is to provide a public hearing where comment
can be received on the proposed ordinance amendment before the Planning Commission forwards
a recommendation to the Board. Anticipating a Planning Commission recommendation, a Board
public hearing has been tentatively scheduled for December 9, 2009.
STRATEGIC PLAN:
Goal 2: Protect the County's Natural Resources
Goal 4: Effectively Manage Growth and Development
DISCUSSION:
Staff believes the ordinance amendment in Attachment B accurately represents the Planning
Commission's direction.
Staff considers the following to be the important elements of this proposal:
• A simplified administrative process that eliminates the need for a Special Use Permit.
It was recognized that a modification of Supplemental Regulations would provide an
opportunity for public vetting of any issues associated with modifying the standards
without the need for the complex and expensive process required for a Special Use
Permit.
• Allowing small wind turbines in the Development Areas and Entrance Corridors as
part of a Tier 1 use. It was recognized that the proposed setback requirement results
in a much greater restriction on wind turbines than it would for other structures. That
assured there is no increased impact on adjoining properties.
Restricting the use of wind turbines within County recognized Historic Districts and
Mountain Overlay. By placing this requirement in the Supplemental Regulations, this
assures wind turbines in those areas would be allowed only if a waiver of the
Supplemental Regulations is granted by the Planning Commission.
Next, staff notes there appeared to be diverging opinions on the Planning Commission as to
whether Tier I small wind turbines should be allowed within the County's Entrance Corridors.
As drafted, a Tier I small wind turbine would be allowed in the Entrance Corridors. If the
Planning Commission recommends Entrance Corridors to be considered with Tier 11 small
wind turbines, meaning it requires a waiver by the Planning Commission rather than
administrative permit by the Agent; this is a relatively simple change to the definitions within
this ordinance amendment. The ordinance amendment could be forwarded to be Board with
this recommendation.
Finally, staff will also discuss an effective date with the Board. Assuming the fees are
adopted on December 2, 2009, staff plans to recommend a February 1St effective date. This
will give applicants advance notice of the fee change and staff time to modify application
forms.
BUDGET IMPACTS:
No need for additional funding or staff resources is anticipated with this ordinance
amendment. This proposal would treat small wind turbines the same as other uses regulated
by the Zoning Ordinance's Supplemental Regulations. For Tier I applications, which only
require a Building Permit, staff believes the administrative costs are captured within the
permit fees. For Tier II applications, staff recognizes the cost of such waivers or
modifications does create some additional cost to the County which is not offset by fees, the
same as other waivers or modifications of Supplemental Regulations. Staff anticipates the
County will see very few Tier II applications over the next several years. Rather than
establish a fee for this review at this time, staff recommends monitoring this review activity
and include a recommendation on waiver fees with the next regularly scheduled review of
Zoning Ordinance fees.
RECOMMENDATION:
Staff recommends approval of the Zoning Ordinance amendment as presented in Attachment
B. If the Planning Commission recommends any changes to Attachment B, staff will include
these at the Board's public hearing.
ATTACHMENTS:
A- October 7, 2009 Executive Summary
B- ZTA 2009 -001, Small wind turbines